SCOTUS Strategy and the Presidential Election

Senate Republicans refusing to consider Obama’s Supreme Court nomination would be well advised to take a step back and think about the future. After last night, it is likely that the next president will be either Hillary Clinton or Donald Trump. Moreover, Republican control of the Senate may not survive the election.

If Trump wins the election, his nominee will need Senatorial approval regardless of party. His judicial preferences are unknown. Should Clinton win the election, her selection will either face a Republican Senate which will return us to the present situation but without the dubious fig leaf for denial of consideration or it she will be able to nominate a candidate of her choice with a Senate controlled by Democrats who is likely to be very liberal.

There are four outcomes, only one of which is arguably favorable to the GOP and conservatives. Considering President Obama’s nominee is the GOP Senate’s last chance to retain influence over the selection process and avoid a candidate they do not like or want.